Академический Документы
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NOV
Issue:
W/N the recordings of the telephone conversations are admissible in evidence
W/N the remedy of certiorari under Rule 65 of the Rules of Court was properly availed of by the
petitioner in the Court of Appeals
Held:
1. No. Rep. Act No. 4200 entitled An Act to Prohibit and Penalize Wire Tapping and Other Related
Violations of the Privacy of Communication, and for other purposes expressly makes such tape
recordings inadmissible in evidence thus:
Sec. 1. It shall be unlawful for any person, not being authorized by all the parties to any private
communication or spoken word, to tap any wire or cable, or by using any other device or
arrangement, to secretly overhear, intercept, or record such communication or spoken word by using
a device commonly known as a dictaphone or dictagraph or detectaphone or walkie-talkie or taperecorder, or however otherwise described. . . .
Sec. 4. Any communication or spoken word, or the existence, contents, substance, purport, or
meaning of the same or any part thereof, or any information therein contained, obtained or secured
by any person in violation of the preceding sections of this Act shall not be admissible in evidence in
any judicial, quasi-judicial, legislative or administrative hearing or investigation.
Absent a clear showing that both parties to the telephone conversations allowed the recording of the
same, the inadmissibility of the subject tapes is mandatory under Rep. Act No. 4200.
2. Yes and no. The extraordinary writ of certiorari is generally not available to challenge an
interlocutory order of a trial court. The proper remedy in such cases is an ordinary appeal from an
adverse judgment, incorporating in said appeal the grounds for assailing the interlocutory order.
However, where the assailed interlocutory order is patently erroneous and the remedy of appeal
would not afford adequate and expeditious relief, the Court may allow certiorari as a mode of
redress.